Wife for ILR Dependent Visa

Hi,

I arrived in the UK in 2005, and got my HSMP on August 2006 (covered by the 5 year JR). My wife is on Tier 1 (G) and we have been living together in the UK since 3 years.

I will be applying for my ILR in August and wanted to know if I can submit my wife's passport as my dependent. I understand she is not on a dependent visa but wanted to know the feasibility of the same.

Also, once I get my ILR is it possible for her to switch her status to dependent in the UK? In this case does she have to spend another 2 years in the country before getting her ILR?

Your responses and help are greatly appreciated

Thanks,

tims

tims_bm wrote:I will be applying for my ILR in August and wanted to know if I can submit my wife's passport as my dependent. I understand she is not on a dependent visa but wanted to know the feasibility of the same.

No.

tims_bm wrote:Also, once I get my ILR is it possible for her to switch her status to dependent in the UK?

May be possible to switch to spouse visa.

tims_bm wrote:In this case does she have to spend another 2 years in the country before getting her ILR?

Yes, as a spouse of a settled person.

regards

Is your wife on her own Tier 1 visa, if so for how long. You mention 3 years living together if she has been on her visa at this time it is probably quicker and cheaper for her to get ILR using this route.

Sorry, didn't pay attention to your HSMP approval date earlier.

Since your HSMP was approved before Nov. 2006 changes, your wife will be eligible for ILR at the same time as you provided she can change to your dependent before you apply for ILR. For this, she will have to return to home country and apply for EC as your dependent.

Dependents of HSMP JR protected migrants are not required to live in UK for 2 years as dependents to become eligible for ILR.


This said, it might still not be that easy to get UKBA to agree that your dependent is eligible for ILR at the same time as you. Reading this topic will help you understand why.


regards

Thanks F2K/Sushd,

Following up from the last post, does the JR ruling for dependents hold good once I get my ILR... In other words, After I get my ILR, can my wife become my dependent and then apply for ILR immediately waiving the 2 year rule.


F2K, She has another 2 years to go before completing 5 years on Tier1(G)

Regards,

tims

I believe you have to apply at the same time. Afterr that dependents would apply for FLR they would need to wait another 2 years b4 they can apply for ILR. So in your case its not a good idea, either you change your wife to your dependent now asap and apply together with her when your make your application (i have seen cases were these have been refused on this forum with HO quoting (wrongly) the 2year ruling. 2nd option is she remains on her Tier visa and apply for ILR or whatever will be around in 2 years time

Similar situation for myself..... I had an HSMP (pre-April 2006). My wife and I were married 1 year ago and she had to return home to apply for a spousal visa which expires at the same date as my current Tier 1 visa.

I am about to apply for ILR, would I be correct in assuming that I can include her as my dependant for the ILR application? I was not quite sure if they would give her ILR or just simply extend her spousal visa.

Many Thanks!

theyearoftheshnitzel wrote:Similar situation for myself..... I had an HSMP (pre-April 2006). My wife and I were married 1 year ago and she had to return home to apply for a spousal visa which expires at the same date as my current Tier 1 visa.

I am about to apply for ILR, would I be correct in assuming that I can include her as my dependant for the ILR application? I was not quite sure if they would give her ILR or just simply extend her spousal visa.

Many Thanks!

As you are covered by the HSMP JR, your wife should also be granted ILR at the same time as you.